BEE3EE GENERAL CONDITIONS OF SERVICE

Article 1. Scope

These general conditions regulate READ RUNNER reading support online service (“Service”) by Bee3ee Srl, with registered office in Calci (PI), Italy, at no.2, Via Nuova, VAT number IT-02171910504 (“BEE3EE”) in favour of the user (“User”) through www.bee3ee.com website (“Website”).

The purpose of the Service is to allow the User to subscribe to the Service and make a boy/girl with reading issues use it, under the responsibility of the User, pursuant to the provisions set out in these general conditions.

 

Art. 2. Service terms and conditions

The contract for the Service (“Agreement”) shall be deemed as executed, and shall be binding for both parties, should BEE3EE commence performing the Service upon request thereof made by the User through the Website. BEE3EE reserves the right not to perform the Service, without any duty to disclose the reason thereof to the User, but with the sole duty to inform him/her that Service is not to take place.

In order to activate the Service, the User must sign in on the Website and from there create his/her “parent account”. The User will then have to create a “reader account” for the child he/she wishes to enable to use READ RUNNER, indicating the child’s date of birth (so that the program can calculate the reading speed, based on the age of reference) and upload the selected reading texts. The User will be able to access the Service both through the Website and through the app combined (linked) with it, and by using either a fixed or portable computer, or a tablet or a smartphone.

It is strictly forbidden for the User to enter false and/or invented details during any registration procedure on the Website which may be preliminary to the Service. The personal details and the e-mail account that will be entered by the User on the Website shall be his/her own, and not any third party’s. To access the Service, the User must be of legal age.

 

Art. 3. Liabilities

It is hereby expressly agreed between the parties, and the User hereby expressly acknowledges and accepts, that any and all liabilities consequent, connected or related to the use of the Service and/or of the Website shall be entirely and exclusively on the User and that, accordingly, the latter shall indemnify and hold harmless BEE3EE in connection with any allegation, claim, action or request for damages compensation which may be brought forward by any third party whosoever or whatsoever against BEE3EE and related to the Service provided to the User, thereby remaining unaffected BEE3EE’s right to compensation by the User of any direct and/or indirect damages, caused by the User or the use of the Service and/or of the Website by the User.

It is further hereby expressly agreed between the parties, and the User further hereby expressly acknowledges and accepts, that

  • in no event and under no circumstance the Service, the Webiste and/or the utilisation of either one or both may be intended to bring any result, purpose or aim whatsoever, whether economic or not, to the User;
  • BEE3EE does not hereby make any representation as to the quality or efficiency of Service or the Website, however (by any parameter or metric) evaluated,

and that therefore no claim of any kind may be brought forward by the User against BEE3EE in connection with the Service, the Website, the utilisation of either one or both, or the utility thereof.

Furthermore, it is hereby expressly agreed between the parties, and the User hereby expressly acknowledges and accepts, that

BEE3EE shall not be held liable for any kind of damages, intrusions, viruses or malfunctions whatsoever, which may possibly be sustained by the User’s hardware, devices, applications or software as a consequence of the Website’s and/or the Service’s use.

Art. 4. Copyright

The User hereby expressly acknowledges and accepts that the Service constitutes an invention as per the Italian Civil Code and Italian IP/IT laws, all rights on which, along with all rights on the Website and on the tools, files, software, processes, studies, projects , graphics, layout, demos and prototypes used to design, build, test, implement and run it or resulting therefrom (hereinafter jointly referred to as “Intangible Assets”) are BEE3EE’s or its third party licensors’ property.

As a consequence, the User hereby expressly acknowledges and accepts that the performance of the Service shall in no case be understood as a vesting of the User with the ownership of Intangible Assets, but that the performance of the Service will instead imply, and amount to, a non-exclusive license by BEE3EE to the User, having the same term as the Agreement (as indicated in the Website or, lacking that, to be inferred by the relevant practice customs) and having as its object the use of Intangible Assets.

BEE3EE, owner or licensee of Intangible Assets, hereby reserves the right to pursue, in every jurisdiction and by every necessary or appropriate action, any violation of its IP/IT law rights thereon and/or, as the case may be, to inform the original owners thereof of any such violation and possibly assist them in defending their proprietary rights.

The User may utilise Intangible Assets only if and as long as he/she is in  a contractual relationship, in force and binding, with BEE3EE, and upon termination of the Agreement for any reason the User must immediately cease the use of such assets, and return to BEE3EE or (if required by the latter) destroy all data, credentials, files, information, records and/or documents, if any, received by BEE3EE in the performance of the Agreement.

The User shall be bound not to copy, duplicate, transfer, publish, distribute, modify, alter, and – unless expressly permitted to do so – download and/or save Intangible Assets.

The User is hereby warned that violation of BEE3EE’s or its licensors’ IP/IT law rights on Intangible Assets – including, but not limited to, the breach of the above duty not to copy, duplicate, transfer, publish, distribute, modify, alter, download and/or save Intangible Assets – shall result in immediate and automatic termination of the Agreement, thereby remaining unaffected the right of the latter and/or its licensors to obtain damages compensation.

The User shall not assign, sublicense, distribute or otherwise transfer Intangible Assets or any part thereof.

Art . 5. Withdrawal

The User may withdraw from the Service at any time, by following the steps of the unsubscription process set out in the Website.

Payments made to BEE3BEE as at the date in which withdrawal by the User comes into force shall not be reimbursable.

 

Art . 6. Changes

BEE3EE reserves the right to make changes to these terms and conditions at any time, by posting their updated version on the Website. Any new provisions shall be applicable to services rendered after the change has occurred.

 

Art . 7. Governing law and jurisdiction

The Agreement shall be governed by Italian law.

Any disputes concerning the Agreement shall be referred to the courts of the location where the User has his/her office, residence or domicile or, should the User agree to waive his/her right as above granted, the courts of  Pisa, Italy.

Art. 8. Privacy

Preamble

Legislative Decree no. 196 of June 30, 2003, (called Code for the protection of personal data; hereinafter ” Privacy Code”) provides for the protection of persons and other entities in connection with the processing of their personal data.

BEE3EE processes the personal data of users of the Website requesting the Service (hereinafter, respectively, “Data” and “Owners”) by virtue of the execution by Owners of a contract for services with BEE3EE.

The processing of Data is made according to criteria of lawfulness and fairness, in full respect of the Privacy Code, of all existing laws in general and of the rights and privacy of Owners in particular.

Data are stored and protected in compliance with the requirements of the Privacy Code and in general of all law provisions and regulations in force concerning privacy safety measures.

Source of Data

Data are collected by BEE3EE directly from Owners, upon execution of their contract with BEE3EE or in the preliminary/preparatory procedural phases thereof, or else during the performance of the aforementioned contract.

Processing aims

Data collected from Owners can be used for purposes strictly related and instrumental to the performance and management of the contractual relationship between BEE3EE and Owners.

Data may be also used for functional purposes of BEE3EE, such as:

  • detection of Owners’ degree of satisfaction with the quality of services offered by BEE3EE;
  • information and marketing, proposals concerning BEE3EE’s new initiatives, description of new products and services offered by BEE3EE and/or its partners, surveys, etc.;
  • performance of activities pertaining to public relations.

Disclosure of Data by Owners is not mandatory, but the refusal to so do prevents the performance of the relevant activity by BEE3EE.

If Data are provided, then their provision amounts to Owners’ consent to their  processing.

Methods of Data processing

Data processing is carried out (for the aims set forth under the above paragraph) by means of manual, digital and ITC instruments, with an approach which is strictly linked to the aforesaid aims and in any case in order to ensure the security and confidentiality of Data. Nonetheless, the protection of Data is guaranteed even when innovative channels are activated.

Data can be filed and stored both on electronic and digital supports (hardware devices, software), both in print.

Location of Data processing

Data processing takes place at the registered office of BEE3EE as in art. 1 above, at BEE3EE’s other current or future office/s, or at the different locations where BEE3EE staff (including its ICT and software officers, whether employees or freelancers) work, locally or remotely, on the Website and/or on the voice files of the Owners.

Classes of persons/entities to whom Data may be disclosed

Data may be disclosed by BEE3EE, without requiring Owners’ prior specific consent thereto, in fulfilment of an obligation imposed by the law, by a regulation or by EU legislation, or else for the same purposes for which Data were collected from Owners.

Data may also be disclosed to other entities engaged in activities which are connected or related to the management of services provided by BEE3EE, either of a technical or of an organisational nature.

Data may also be disclosed to the licensors of the software or the features required to perform the services covered by the contracts between BEE3EE and Owners.

Data may be shared by BEE3EE with third party companies specialised in information and commercial promotion, marketing, market research.

Entities, licensors and third party companies mentioned under the above three paragraphs process Data which are disclosed to them by BEE3EE as fully  autonomous processors (as per the Privacy Code), independent from BEE3EE and from the Data processing BEE3EE itself carries out. BEE3EE assumes no responsibility for the policies so independently applied by them.

Data Divulgation

BEE3EE may spread Owners’ Data only through the disclosure of its portfolio.

Owners’ rights

Art. 7 of Legislative Decree no. 196/03 entitles data owners to exercise certain rights, including the right to obtain from the processor confirmation of the existence of their personal data and their provision thereof in an intelligible form, the right to be made known about data’s origin, as well as of the approach and the aims of such data’s processing, the right to obtain the cancellation, anonymisation or blocking of data processed in breach of the law and the updating, correction or integration of data, the right to challenge, for legitimate reasons, the data processing itself.

Rights Under this paragraph may be exercised by emailig info@Bee3ee.com.

Processor

The processor of Data is BEE3EE Srl, with registered office in Calci (PI), Italy at no. 2, Via Nuova.

Scope

The consent herein is granted also in connection with the processing, if any, of personal data of the child, who the User may grant access to the Service to.